[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Rules and Regulations]
[Pages 70899-70902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29604]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8205]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP), that are scheduled for suspension on the effective 
dates listed within this rule because of noncompliance with the 
floodplain management requirements of the program. If the Federal 
Emergency Management Agency (FEMA) receives documentation that the 
community has adopted the required floodplain management measures prior 
to the effective suspension date given in this rule, the suspension 
will not occur and a notice of this will be provided by publication in 
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's 
scheduled suspension is the third date (``Susp.'') listed in the third 
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a 
particular community was suspended on the suspension date or for 
further information, contact David Stearrett, Mitigation Directorate, 
Federal Emergency Management Agency, 500 C Street SW., Washington, DC 
20472, (202) 646-2953.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase 
flood insurance which is generally not otherwise available. In return, 
communities agree to adopt and administer local floodplain management 
aimed at protecting lives and new construction from future flooding. 
Section 1315 of the National Flood Insurance Act of 1968, as amended, 
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under 
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body 
adopts adequate floodplain management measures with effective 
enforcement measures. The communities listed in this document no longer 
meet that statutory requirement for compliance with program 
regulations, 44 CFR part 59. Accordingly, the communities will be 
suspended on the effective date in the third column. As of that date, 
flood insurance will no longer be available in the community. However, 
some of these communities may adopt and submit the required 
documentation of legally enforceable floodplain management measures 
after this rule is published but prior to the actual suspension date. 
These communities will not be suspended and will continue their 
eligibility for the sale of insurance. A notice withdrawing the 
suspension of the communities will be published in the Federal 
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas 
(SFHAs) in these communities by publishing a Flood Insurance Rate Map 
(FIRM). The date of the FIRM, if one has been published, is indicated 
in the fourth column of the table. No direct Federal financial 
assistance (except assistance pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act not in connection with a 
flood) may legally be provided for construction or acquisition of 
buildings in identified SFHAs for communities not participating in the 
NFIP and identified for more than a year, on FEMA's initial flood 
insurance map of the community as having flood-prone areas (section 
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), 
as amended). This prohibition against certain types of Federal 
assistance becomes effective for the communities listed on the date 
shown in the last column. The Administrator finds that notice and 
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary 
because communities listed in this final rule have been adequately 
notified.
    Each community receives 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer stating that the 
community will be suspended unless the required floodplain management 
measures are met prior to the effective suspension date. Since these 
notifications were made, this final rule may take effect within less 
than 30 days.
    National Environmental Policy Act. This rule is categorically 
excluded from the requirements of 44 CFR part 10, Environmental 
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that 
this rule is exempt from the requirements of the Regulatory Flexibility 
Act because the National Flood Insurance Act of 1968, as amended, 42 
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate 
public body adopts adequate floodplain management measures with 
effective enforcement measures. The communities listed no longer comply 
with the statutory requirements, and after the effective date, flood 
insurance will no longer be available in the communities unless 
remedial action takes place.
    Regulatory Classification. This final rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.

[[Page 70900]]

    Paperwork Reduction Act. This rule does not involve any collection 
of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 
1979 Comp.; p. 376.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

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                                                Effective date
                                                authorization/
                                  Community     cancellation of   Current effective  map   Date certain  Federal
      State and location             No.         sale of flood             date            assistance  no longer
                                                 insurance in                               available  in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
          Region III
 
Virginia:
    Suffolk, City of,                 510156  January 22, 1975,   Nov. 16, 2011.........  Nov. 16, 2011.
     Independent City.                         Emerg; November
                                               16, 1990, Reg;
                                               November 16,
                                               2011, Susp
           Region V
 
Illinois:
    Central City, Village of,         170452  September 5, 1975,  ......do..............   Do.
     Marion County.                            Emerg; November
                                               2, 1983, Reg;
                                               November 16,
                                               2011, Susp
    Centralia, City of, Marion        170453  July 2, 1975,       ......do..............   Do.
     County.                                   Emerg; December
                                               18, 1984, Reg;
                                               November 16,
                                               2011, Susp
    Salem, City of, Marion            170454  September 9, 1974,  ......do..............   Do.
     County.                                   Emerg; May 1,
                                               1979, Reg;
                                               November 16,
                                               2011, Susp
Indiana:
    Culver, Town of, Marshall         180384  August 15, 1975,    ......do..............   Do.
     County.                                   Emerg; May 2,
                                               1980, Reg;
                                               November 16,
                                               2011, Susp
    Marshall County,                  180443  June 14, 1979,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; January 5,
                                               1989, Reg;
                                               November 16,
                                               2011, Susp
Michigan:
    Alpena, City of, Alpena           260010  August 28, 1973,    ......do..............   Do.
     County.                                   Emerg; November
                                               19, 1982, Reg;
                                               November 16,
                                               2011, Susp
Minnesota:
    Becker, City of, Sherburne        270710  N/A, Emerg; June    ......do..............   Do.
     County.                                   12, 2000, Reg;
                                               November 16,
                                               2011, Susp
    Big Lake, City of,                270663  February 17, 1976,  ......do..............   Do.
     Sherburne County.                         Emerg; December
                                               26, 1978, Reg;
                                               November 16,
                                               2011, Susp
    Elk River, City of,               270436  February 19, 1974,  ......do..............   Do.
     Sherburne County.                         Emerg; May 2,
                                               1977, Reg;
                                               November 16,
                                               2011, Susp
    Princeton, City of,               270292  July 2, 1974,       ......do..............   Do.
     Sherburne County.                         Emerg; June 15,
                                               1981, Reg;
                                               November 16,
                                               2011, Susp
    Sherburne County,                 270435  May 16, 1974,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 19,
                                               1981, Reg;
                                               November 16,
                                               2011, Susp
    Zimmerman, City of,               270756  N/A, Emerg; May 9,  ......do..............   Do.
     Sherburne County.                         2000, Reg;
                                               November 16,
                                               2011, Susp
Wisconsin:
    Bay City, Village of,             555543  July 31, 1970,      ......do..............   Do.
     Pierce County.                            Emerg; June 11,
                                               1971, Reg;
                                               November 16,
                                               2011, Susp
    Ellsworth, Village of,            550325  August 28, 1974,    ......do..............   Do.
     Pierce County.                            Emerg; May 4,
                                               1989, Reg;
                                               November 16,
                                               2011, Susp
    Elmwood, Village of,              550326  April 29, 1975,     ......do..............   Do.
     Pierce County.                            Emerg; March 5,
                                               1990, Reg;
                                               November 16,
                                               2011, Susp
    Maiden Rock, Village of,          550327  July 25, 1975,      ......do..............   Do.
     Pierce County.                            Emerg; September
                                               30, 1988, Reg;
                                               November 16,
                                               2011, Susp
    Pierce County,                    555571  December 31, 1970,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 14,
                                               1972, Reg;
                                               November 16,
                                               2011, Susp
    Plum City, Village of,            550328  May 12, 1975,       ......do..............   Do.
     Pierce County.                            Emerg; January 3,
                                               1990, Reg;
                                               November 16,
                                               2011, Susp
    Prescott, City of, Pierce         555574  October 23, 1970,   ......do..............   Do.
     County.                                   Emerg; July 9,
                                               1971, Reg;
                                               November 16,
                                               2011, Susp
    River Falls, City of,             550330  March 30, 1972,     ......do..............   Do.
     Pierce County.                            Emerg; December
                                               15, 1982, Reg;
                                               November 16,
                                               2011, Susp
    Spring Valley, Village of,        550331  July 2, 1975,       ......do..............   Do.
     Pierce County.                            Emerg; March 15,
                                               1984, Reg;
                                               November 16,
                                               2011, Susp
           Region VI
 
New Mexico:
    Ruidoso, Village of,              350033  July 26, 1974,      ......do..............   Do.
     Lincoln County.                           Emerg; March 2,
                                               1983, Reg;
                                               November 16,
                                               2011, Susp
Texas:

[[Page 70901]]

 
    Dublin, City of, Erath            480219  September 10,       ......do..............   Do.
     County.                                   1975, Emerg;
                                               August 8, 1978,
                                               Reg; November 16,
                                               2011, Susp
    Erath County,                     480218  March 2, 2000,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 1,
                                               2004, Reg;
                                               November 16,
                                               2011, Susp
    Stephenville, City of,            480220  March 11, 1974,     ......do..............   Do.
     Erath County.                             Emerg; July 5,
                                               1977, Reg;
                                               November 16,
                                               2011, Susp
          Region VII
 
Iowa:
    Albion, City of, Marshall         190542  March 30, 2009,     ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               November 16,
                                               2011, Susp
    Ferguson, City of,                190457  July 13, 2010,      ......do..............   Do.
     Marshall County.                          Emerg; N/A, Reg;
                                               November 16,
                                               2011, Susp
    Le Grand, City of,                190606  December 5, 1977,   ......do..............   Do.
     Marshall County.                          Emerg; September
                                               1, 1987, Reg;
                                               November 16,
                                               2011, Susp
    Marshall County,                  190890  September 19,       ......do..............   Do.
     Unincorporated Areas.                     1997, Emerg; June
                                               30, 2003, Reg;
                                               November 16,
                                               2011, Susp
    Marshalltown, City of,            190200  May 2, 1975,        ......do..............   Do.
     Marshall County.                          Emerg; April 17,
                                               1984, Reg;
                                               November 16,
                                               2011, Susp
Nebraska:
    Indianola, City of, Red           310382  October 20, 1975,   ......do..............   Do.
     Willow County.                            Emerg; November
                                               16, 1990, Reg;
                                               November 16,
                                               2011, Susp
    Red Willow County,                310469  June 18, 1984,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               1988, Reg;
                                               November 16,
                                               2011, Susp
          Region VIII
 
Colorado:
    Breckenridge, Town of,            080172  July 25, 1975,      ......do..............   Do.
     Summit County.                            Emerg; June 4,
                                               1980, Reg;
                                               November 16,
                                               2011, Susp
    Frisco, Town of, Summit           080245  December 2, 1976,   ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1980, Reg;
                                               November 16,
                                               2011, Susp
    Silverthorne, Town of,            080201  July 16, 1975,      ......do..............   Do.
     Summit County.                            Emerg; May 1,
                                               1980, Reg;
                                               November 16,
                                               2011, Susp
    Summit County,                    080290  November 26, 1976,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               16, 1980, Reg;
                                               November 16,
                                               2011, Susp
South Dakota:
    Minnehaha County,                 460057  November 11, 1974,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               5, 1979, Reg;
                                               November 16,
                                               2011, Susp
    Sioux Falls, City of,             460060  April 12, 1974,     ......do..............   Do.
     Minnehaha County.                         Emerg; January
                                               17, 1979, Reg;
                                               November 16,
                                               2011, Susp
Wyoming:
    Afton, Town of, Lincoln           560068  June 18, 1982,      ......do..............   Do.
     County.                                   Emerg; February
                                               19, 1986, Reg;
                                               November 16,
                                               2011, Susp
    Cokeville, Town of,               560033  November 21, 1975,  ......do..............   Do.
     Lincoln County.                           Emerg; February
                                               19, 1987, Reg;
                                               November 16,
                                               2011, Susp
    Diamondville, Town of,            560034  April 8, 1977,      ......do..............   Do.
     Lincoln County.                           Emerg; September
                                               29, 1978, Reg;
                                               November 16,
                                               2011, Susp
    Kemmerer, Town of, Lincoln        560035  August 15, 1978,    ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1978, Reg;
                                               November 16,
                                               2011, Susp
    Lincoln County,                   560032  June 23, 1978,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; February
                                               15, 1980, Reg;
                                               November 16,
                                               2011, Susp
    Opal, Town of, Lincoln            560098  May 9, 1997,        ......do..............   Do.
     County.                                   Emerg; May 9,
                                               1997, Reg;
                                               November 16,
                                               2011, Susp
           Region IX
 
Nevada:
    Ely, City of, White Pine          320023  July 19, 1974,      ......do..............   Do.
     County.                                   Emerg; June 15,
                                               1984, Reg;
                                               November 16,
                                               2011, Susp
----------------------------------------------------------------------------------------------------------------
*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 70902]]

David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2011-29604 Filed 11-15-11; 8:45 am]
BILLING CODE 9110-12-P